Attention Fanfic Authors: The Characters Don’t Belong To You

I am always amused when fanfic authors get upset when the creators and copyright holders of the characters they are writing about dare to assert their legal, creative and moral rights. A great example comes from this recent Wall Street Journal article about Amazon’s Kindle Worlds, which allows fanfic authors a platform to write, publish and sell books about characters and fictional worlds they didn’t create and don’t own.

To avoid copyright infringement, Amazon struck deals with several authors and entertainment companies. Amazon gives them a cut of royalties and the rights to use the new characters and plot lines in the fan-fiction material in exchange for licensing their intellectual property. So far, Amazon has acquired licenses for 22 fictional properties, ranging from the novels of Kurt Vonnegut, to the comic series G.I. Joe, to Alloy Entertainment’s popular teen book and TV series “Gossip Girl,” “Pretty Little Liars” and “The Vampire Diaries.” […]The move to profit from fan fiction has alarmed some writers and copyright experts who see it as a naked attempt to rob amateur writers of their intellectual property, before they have a chance to build an audience.

What irks some of these fanfic authors are the clauses in the Amazon Kindle Worlds contract that reminds them that, hey, you’re welcome to play here, but you don’t own the underlying rights, the creators and copyright holders of the characters do.

The move to profit from fan fiction has alarmed some writers and copyright experts who see it as a naked attempt to rob amateur writers of their intellectual property, before they have a chance to build an audience.

tile_315x180._V381122512_These same “experts” aren’t concerned when amateur writers nakedly rob authors of their intellectual property by writing and disseminating unauthorized fanfic based on characters and worlds the fanficcers didn’t create and don’t own. They are only concerned when the creators and rights holders have the audicity to exert their moral, artistic, and legal rights to “profit for fan fiction”:

“It feels like a land grab,” said Francesca Coppa, an English professor at Muhlenberg College in Allentown, Penn., who writes “Sherlock,” “True Blood” and other fan fiction on the side. “Big companies are trying to insert themselves explicitly to get people who don’t know any better to sign away rights to things that might be profitable.”

No one is stopping Ms. Coppa or these writers from going out and writing their own, wholly original, legally unencumbered stories. Instead, these writers choose to write Vampire Diaries or Silo Saga fanfic instead… to utilize characters that don’t belong to them and then whine when the creators want to share in any profits that arise from the sale of those works. If there’s a “land grab” here, it’s not the creators and copyright holders who are making it… it’s the fanfic authors who think they should be able to freely use, and profit from, other people’s creations. The fanfic writers should be delighted and thrilled to have the chance through Kindle Worlds to actually sell their fanfic…instead of complaining that they can’t own the stories set in the fictional worlds that they didn’t create.

“Under the Amazon agreement, writers are giving away more rights than they would for something that is quote unquote original,” Ms. Tandy said. “Writers should be very careful that they’re comfortable giving away those rights.”

tile_vampire-diaries_3._V381288068_I love how Ms. Tandy puts quotes around original as if its a lesser form of writing than stuff based on someone else’s work…and implies that it’s unfair for the creators of original work to want their legal, creative and moral rights protected…and that fanfic authors of quote unquote unoriginal work somehow deserve greater protections. She has it all ass-backwards. Fanfic writers aren’t “giving away” more rights in this scenario, they are being granted rights they didn’t already have… to use and profit from characters they didn’t create and don’t own.

(I should mention my own novel franchise, The Dead Man, is part of Kindle Worlds and that there are presently four licensed fanfiction books based on the series, which I co-created with William Rabkin. I also wrote, as a work-for-hire writer for Penguin/Putnam, eight books based on Diagnosis Murder and fifteen books based on Monk, two TV series that I didn’t create. So I know what it means to write novels that I don’t own and, on the other side, to own a franchise licensed to Kindle Worlds.)

 

Read the Contracts

It astonishes me that writers, who make their living from their words, don’t bother to read the contracts that they sign. If you want a good example of this, read the  Wall Street Journal interview with Vampire Diaries author L.J. Smith.

Vampire Diaries Cast
Vampire Diaries Cast

She was hired by Alloy Entertainment to write a horror book series that they had in mind about a woman in love with two vampires. When she signed the deal, she failed to notice that it was a work-for-hire contract and that Alloy owned the underlying rights…. because she apparently didn’t bother to read her contract.

The books were an enormous success, and inspired a TV show, but she wanted to take the series in a different direction than Alloy did. So they fired her and hired another writer to continue the series.

 Ms. Smith was stunned.

“I knew that they were a book packager, but I didn’t realize that they could take the series away from me,” she says. “I was heartbroken.”

She should have read the contract before she signed it. She was dealing with a book packager, after all. What business did she think they were in? How did she think they made their money? Okay, so she made a dumb, rookie mistake. You’d think she would have learned an important lesson from that “heart-breaking” experience. You’d be wrong.

Now that Amazon is offering people the opportunity to write, publish and sell Vampire Diaries fanfiction through their Kindle World’s platform, LJ Smith has decided to write new Vampire Diaries novels and take the series in the creative direction she always wanted it to go. But she was stunned to learn that she doesn’t own the work that she’s publishing on Kindle Worlds:

Ms. Smith says that when she began publishing her Vampire Diaries fan fiction on Amazon this past January, she wasn’t aware that she was giving up the copyright to those stories, too. Nor did she realize she’d be giving Alloy a cut of earnings from the new stories. But had she known, it wouldn’t have deterred her, she says. “It wouldn’t have stopped me,” she says. “I didn’t do these books for money. They’re entirely a labor of love.”

If Smith had bothered to read her simple, and very clear, Kindle Worlds contract, none of that would have been a surprise. I hope she takes the time to read the next publishing contract that she signs or she could end up writing entirely for love.

 

 

One Reason Why I Write

Richard WheelerThere are lots of reasons why I write mystery novels and thrillers… To entertain myself. To make a living. To tell a story. But sometimes it’s not easy to put my butt in the chair and write. But then I come across a Goodreads blogpost like the one from author Richard Wheeler…and it’s a big motivator.

Each day I read to my wife a couple of chapters from one of Lee Goldberg’s Monk novels, based on the TV series about the obsessive-compulsive San Francisco detective Adrian Monk.

My wife, Sue Hart, is in an assisted living place three blocks from my home. She spent half a century as an English professor, specializing in Montana literature and other fields, before her short-term memory began to fade.

She loves the Monk novels. She had been unfamiliar with them until I started reading them to her in her room, and now she laughs and smiles right along with me, as I spin out the story for her.

There is a genius to the Monk novels. Mr. Monk is crazy and outrageous– but we don’t laugh at him, because there is the pathos about him, and what we feel is tenderness toward him, no matter how peculiar he seems.

These reading sessions, which light up my wife, have made me aware of how gifted Lee Goldberg is as a novelist and storyteller. There is something about reading a story out loud, and catching the response, that tells me more about the work than if I had read it silently to myself. And it is telling me that Lee Goldberg is a splendid storyteller with a great sense of the human condition.

I am touched, and very flattered, by Richard’s post. I’ve received quite a few letters from people who read my books while going through chemotherapy, or healing from an injury, and they tell me how much the laughter, or the mystery, or the adventure has helped them deal with, or forget, the pain. That’s just amazing to me. So now I think of those people whenever I sit down to write.

The USA’s best thriller books from 2013 – 3 brand new crime classics

The USA’s best thriller books from 2013 - 3 brand new crime classics

The USA’s best thriller books from 2013 - 3 brand new crime classicsHere’s a guest post from my friend Kate Goldstone, a big fan in the UK of crime shows, crime novels and everything noir, talking about the amazing year 2013 was for mystery thriller books.  Do you agree with her? I’d be interested to know your recommendations, so leave a comment…

What a year 2013 was for US mystery thriller books. It was an epic twelve months in which some of the best and least well-known thriller authors scored massive commercial hits. Stephen King delivered a sequel to The Shining, to the delight of millions of fans who never quite forgot the skin-crawling terror of redrum and always wondered what happened to little Danny. Lee Child, Sue Grafton and Michael Connelly released the latest in their iconic series’ too, making 2013 a year to remember in the best thriller books stakes.

All of which made me a very happy bunny, as we say in Brit-land. Hand me a new crime mystery or thriller, switch the sunshine on, let me loose in the yard and I’m sorted.

Here are three of the best from last year. If you’re on a mission to identify the best of the genre in time for the Easter break, you could do a lot worse than grab these three and run with ’em.

Read more

The Mail I Get Rerun – I Don’t Want to Find You an Agent

Here’s a golden oldie from a few years back…

I got an email today from a guy who says he’s been writing scripts and entering competitions for the last five years, ever since he got his MFA from York Univeristy in Toronto.  He can’t get seem to get any “reputable agents” to read his work.

I’m sure you can see where this is going. So here is my very presumptuous request: I’d like to send you one of my scripts. Read it when you have a moment — even if its a year from now. If you like it good, you can refer me to your agent. If you don’t, no harm, no foul.

I assure you that it will NOT be a waste of your time.

I get this request, oh, about 80 times a month. It makes no sense to me.  So, to all eighty of you getting ready to write me the same email next month, here’s why it’s a dumb idea to ask me to read your script and refer it to my agent.

1) I’m a writer, I’m trying to market and sell my own work, not yours

2)  It’s not my job to screen potential clients for my agent.  Finding clients is his job. I like to think he works for me rather than the other way around.  Besides, I want him spending his time on the phone getting me work, not looking for new clients who will divert his full attention from me, me, me.  (That’s not to say I haven’t recommended clients to my agent… I have, many times. He’s even signed a few. But they were close friends of mine or people whom I’ve worked with and admire).

3)  I’m not a studio or network development executive. I don’t care if you’ve written a good script.  I’m not hiring writers. If I was, I’d hire myselfAri-Gold-in-Entourage

4)  When I am looking for writers to hire on staff or invite in to pitch for episodic TV assignments, I only read writing samples that come through agents. Why?  Well, we said it best in our book, “Successful Television Writing” —

You probably think that’s because we’re a close-knit group of elitist jerks who want to horde all the money and opportunities for ourselves, and agents are just one more gigantic obstacle
we’ve come up with to keep you out.

You’re right. Sort of. Agents are the first line of defense for us. They read through all the crap to find the very best people, the writers they can make a living on. And the only way an agent is going to make a living

The great thing about this system, for us, is that the agent has a real motivation to find the best writers out there, saving us the trouble. Because let’s face it, elitist jerks like us don’t want work any harder than we have to.

But agents do more than save us extra work. They also protect us. That doesn’t mean they’ll take a bullet for us or taste our food to make sure it isn’t poisoned. But they’ll make pretty sure we don’t get sued.

We’ll give you an example of what we’re talking about. Let’s say you sent us a script a month ago in which the hero of our show loses his memory. Then you turn on the TV this week, and
what do you see on our show? A story about the hero losing his memory. You’re going to think we stole it and sue our asses.There are a lot of similar themes in stories being developed all the time, and a television professional, will understand that. A professional will also understand that the development process is much longer than a month, and that our script was probably written long before yours showed up in the mail. And a professional will figure that we’ve probably been pitched fifty amnesia stories, because it’s a terrible cliche, right up there with evil doubles and the return of long-lost siblings, that’s eventually done on every show.

But without an agent representing you, and vouching for you, we have no assurance that you are, indeed, a professional.

Which leads me to my next point. 

5) I don’t want to read your script because I may be working on something similar.  I don’t want to get accused of stealing your ideas.

So no, don’t send me your script. Don’t try to send it to any other professional writer, either.  It’s a stupid idea.

Okay, so that’s what I told him. And here’s his response:

Your use of the word “professional” here implies that you regard me as an amateur.
Your used of the word “stupid” needs no comment. Well, it’s true that I’m not a professional
in the sense that I never got paid for my screenwriting up to now. However,
as I indicated in my (very polite) message to you, I have a long career
behind me as a journalist. I was hoping for a more mature response from you
on that basis alone — at least a response that does not belabor the obvious.

james-bond-secret-agent-007-black-&-white-silo_618697You’d think he would have put his journalism skills to use and a) read
my blog before emailing me and discovered  the many, many posts where I discuss the
pointlessness of sending your scripts and series ideas to me and b) he would have
researched the industry a bit and realized sending his script to a screenwriter was not the best way to find an agent or break into the business. He goes on to say:

Would you have been so patronizing if I had a name other than
Mohamed? Or if I was not a Canadian? Perhaps not. At any rate, your comments
are duly noted and I wish you continuing success with Diagnosis Murder
and whatever else it is that you do.

Ah yes, the last gasp of the desperate… the racism, sexism,  ageism, or xenophobia card. To be honest, I didn’t even notice his name or where he came from. I didn’t bother to read that part of his original email since I had absolutely no intention of contacting him about his screenplays. But you’ll notice that rather than learn from his mistake, and accept that his proposal  might have been wrong-headed, he has to flail around for some other, hidden reason that I won’t read his scripts. With an attitude like that, it’s not surprising to me he’s been entering his scripts into competitions for five years instead of selling them.

The Mail I Get Rerun – Stop Looking for a Short Cut

Here’s a golden oldie from yesteryear’s mailbag..

I received a polite email from a guy on the East Coast who says he has a great idea for an episodic legal drama:

Though I spend a great deal of my time developing and
selling creative concepts (for direct marketing applications), I’m not a script
writer.  I’m contacting you because I’m looking for a talented television writer
with industry credibility that might be interested in partnering to develop a
pilot. If you are interested in exploring this or know of a
writer who might be,  please let me know.

I get this offer several times a week from people outside the industry who have “great ideas” but just need a guy like me to partner up with.

To be blunt, why would I want to do that? What’s in it for me? I’ve got lots of ideas of my own and all you’d be doing is benefitting from my experience, my “industry credibility,”  and years of hard work. What do you bring to the table? An idea.  Sorry, but that’s not enough.

short-cut-mazeThere’s a saying in television, ideas are cheap and execution is everything. The networks  don’t buy ideas, they buy ability, experience, point-of-view, and a track record.  LOST is not a great idea — People shipwrecked on an island. It has been done a hundred times before. What ABC bought was hit-maker JJ Abrams doing people shipwrecked on an island.  NYPD BLUE is not a great idea. It’s cops in NY solving crimes. What ABC bought was Steven Bochco doing cops in NY solving crimes.  They also bought the proven ability of JJ Abrams and Steven Bochco to write and produce a series.

I know… that’s what you need me for, right? You need my “industry credibility” and “talent.”
But here’s the thing: there’s absolutely no upside in it for me, or any other established writer-producer, partnering up with you.  We didn’t work for years to establish “industry credibility” so someone else without any could take a shortcut and ride on our coat-tails.

If you were a bestselling novelist with an idea, that’s something else. You have something to offer beyond an idea.  You bring your name,  reputation, and proven track record as a storyteller. If you were a  famous actor, that’s something else. You bring your image,  your fans, and proven ability to draw a large audience.  If you were an ex-D.A., and your idea draws on your background in the field, then you have something to offer. You bring years worth of courtroom experience  and credibility in the field (for instance, I’ve partnered with cops before to pitch ideas based on their unique experiences).

I think you get my point.  Thank you for thinking of me, but I’m not interested.

That’s what I told him. Here’s his reply:

Feel the need to vent?  No problem!  Since we don’t each other, it can’t be
personal.  A simple, “not interested” would have done the trick though.
The television saying you mentioned….we say that same thing in
marketing and advertising!  Since I’m a professional in my chosen field too
(no, really), I receive numerous offers to partner from people looking to break
in.  Though it almost never goes anywhere, I usually offer some slight
encouragement.  The upside is so much greater than the downside and the cost to
let it play out is so insignificant…..so why not?

Instead of offering encouragement, I offer honesty and reality. Obviously, you didn’t want to hear either. You can’t expect to scrawl a drawing of a car on a napkin and sell it to Ford… why should you expect it to happen with a TV series idea? The way to break in is not to look for shortcuts, for a way to start at the top…which is what you are trying to do.  The way to break in is to write a terrific script, get hired as a freelancer on a show, get picked up on staff, then work your way up the writer/producer ladder until you reach the point in your career when someone from a studio or network calls and says “Hey, got any ideas for a series?”

As for the networks buying years of
experience and a track record……I sincerely hope that is true (means better
television).  The jury seems to be out though:  Overnight
successes…..Schwartz, who at 27 created The O.C….Trey Parker and Matt Stone
created South Park while they were still in college.

I figured that’s where you were coming from.  You didn’t do your homework.  Josh Schwartz worked on other shows and wrote other pilots before THE OC.  Parker and Stone made a short animated film, THE SPIRIT OF CHRISTMAS,  that wowed the industry. That short film proved their skill as animators/writers/performers and  they got a series… based on that short film. They weren’t car salesmen from Topeka with a really great idea for an animated TV series.

What must I have been thinking when I contacted
you?  I mean…how on earth could a professional television writer really be
interested in what someone from outside the industry has to offer?
“. CSI, the No. 1 show was created by relative newcomer, Anthony
E. Zuiker…. CBS hired experienced writer-producers Carol Mendelsohn and Ann
Donahue to run the show…”

shortcutAgain, you aren’t doing your homework. Zuiker didn’t sell his idea by emailing producers with a come-on saying he had a great idea for a show and he just needed someone with “industry credibility” to sell it for him.  He wrote a script.  From the CSI Files Website:

Zuiker himself got his start when childhood friend Dustin Lee Abraham, now a CSI scribe but then an actor, would get Zuiker to
write him monologues for auditions. “I wrote a speech about a man, mentally
retarded, watching his wife give birth. He’s a degenerate gambler, and he went
into an announcing [mode, a play by play],” Zuiker says of the monologue that
got him attention in Hollywood. The speech was turned into a movie, The
Runner
, which was made for seven million dollars. It turned out to be
Zuiker’s gateway to Hollywood.

You’re wowed by what you think are strike-it-big-in-Hollywood-quick stories that really aren’t.  Stop looking for a short-cut.  The best way to sell a series is to write some great scripts. Don’t look for someone with “industry credibility,” earn some of your own instead.

UPDATE: 4/10/2014

Someone named Jerome read this post and actually sent me this question:

Hey Lee: I get where you are coming from regarding someone with what they believe is a great idea for a TV show wanting to partner up with you. But I wonder what if someone came to you with an idea that has never been done before in a TV show? And if that idea for a premise had never been done before and could be executed well then that may be a possible reason why someone would want to partner up with someone else? I guess I am saying this because whenever I hear many of the pilots that are going to premiere it is upon hearing the “premise” that I start to think this is another tired old idea that has been done before again and again.

This has to be a prank, right? I mean, how could anybody read this post and then send me that question? Assuming it’s not a prank, holy crap, some people are really DENSE. As I said before, ideas are cheap, execution is everything. A show about a cop teamed up with a robot has been done before. Many times. But Fox bought it because it was JJ Freaking Abrams who pitched it. They were buying him, and his team, not the idea. And JJ Freaking Abrams doesn’t need you to give him Your Idea For a Premise That Has Never Been Done Before. Because he’s JJ Freaking Abrams and can sell yet another show about a cop teamed with a robot without sharing a dime with you. Here’s his reply:

I get it ideas are cheap and though I wonder why NBC is launching that contest May 1st for anyone to enter in their “idea” for a sitcom and NBC will make and pay for numerous pilots from unknown unproven beginner people with no experience or credits?

There is a big difference between approaching a writer you dont know with your Idea For a Premise That Has Never Been Done Before and entering a contest hosted by a network…one presently mired at the bottom of the ratings and desperate for positive publicity. Let me ask you a question. Can you count how many times a network has had a contest soliciting sitcom ideas? I can. This is the one time. If I were you, I’d take advantage of it quick.

Talking About Me

As if you don’t get enough of me right here, there are two Q&A interviews with me on other blogs today.

My good friend, the Emmy-winning TV writer Phoef Sutton, grills me on his blog. You may not have heard about this, but like me, he’s writing a series of books with Janet Evanovich.

I also reveal deep, dark, horrible secrets about myself to the interrogators at Writer At Play. The interview is in two parts and features a naked pictorial of me.

Naked-Burt-766000

 

 

 

The Ten Best TV Main Title Sequences of All Time

I love main title sequences, so coming up with a list of the 10 Best TV Main Title Sequences of All-Time was no easy feat. But here goes, in no particular order:

Hawaii Five-O

Mission Impossible

Game of Thrones

Mary Tyler Moore Show

Star Trek

Gilligan’s Island

The Avengers

The Twilight Zone

Law & Order

The Outer Limits

To me, these are the sequences that best combine great visuals and a killer theme with a clear statement of the series franchise. Also, every one of these sequences became instant and stylistically influential icons. (Note: The Mary Tyler Moore Show sequence in the video playlist below is *not* the version I would have used… but it was the only one available on YouTube)

You can watch them all here:

Scribe Award Nominees Announced

MMHH CoverThe International Association of Media Tie-In Writers (www.iamtw.org) has announced the nominees for the 2014 Scribe Awards, recognizing the excellence in the field of media tie-in writing… the best thriller novels, mystery novels and science fiction novels based on movies, TV shows and games.

The winners will be announced, and awards presented, in July at the San Diego Comic-Con.

The 2014 Scribes Nominees:

Best Adaptation (Noveliization)

Man of Steel by Greg Cox
47 Ronin by Joan D. Vinge
Pacific Rim by Alex Irvine

Best General Original

The Executioner:Sleeping Dragons by Michael A. Black
Murder She Wrote: Close-Up on Murder by Donald Bain
Leverage: The Bestseller Job by Greg Cox
Leverage: The Zoo Job by Keith R. A. DeCandido
Mr. Monk Helps Himself by Hy Conrad

Best Speculative Original

From History’s Shadow by Dayton Ward
Supernatural: Fresh Meat by Alice Henderson
Supernatural: The Roads not Taken by Tim Waggoner
Fringe: The Zodiac Paradox by Christa Faust
Kenobi by John Jackson Miller

ManOfSteel_by_greg_coxBest Short Story

“Savior” by Michael Jan Friedman
“Redemption” by Robert Greenberger
“Locks and Keys” by Jennifer Brozek
“Mirror Image” by Christine M. Thompson
“So Long, Chief” by Max Allan Collins and Mickey Spillane
“The Dark Hollows of Memory” by David Annandale


Best Young Adult

Kevin by Paul Kupperberg
Cloudy With a Chance of Meatballs 2 by Stacia Deutsch
The Croods by Tracey West

Best Audio

Dark Shadows – 33. The Phantom Bride by Mark Thomas Passmore
Dark Shadows – 37. The Flip Side by Cody Quijano-Schell
Blake’s 7 The Armageddon Storm – by Cavan Scott and Mark Wright

The Mail I Get – Career Advice Edition

question-markI get lots and lots of questions asking for career advice from readers. Here are a few that came in recently.

Q: Wanted to ping you for some advice, if you don’t mind.  I think I’m ready to live by my pen/keyboard starting this summer. My house is already paid off, I’ll have about a year’s worth of savings in the bank, and I’ve figured out the costs of healthcare and retirement already. This is a new world for me, as I’ve been in a stable job in corporate America for the least 22 years, so it’s a big jump and one that I’m excited about but also nervous as well. I’d like to make sure I understand all the pro’s and con’s to be sure my exit plan from Intel is solid. From your perspective, what are the risks/benefits and if you were about to make a decision like this, what are some of the things you’d want to have in place prior?”

I’ve been doing this my whole life… so I am probably the wrong guy to ask for transitional advice.  The pros and cons are basically that you have to be entirely self-motivated and relentless about generating work & opportunities for yourself. You have no boss to drive you…and no company’s resources to back you up. It’s your own time and money. You’ll need to surround yourself with top professionals … lawyers, accountants, agents, copyeditors, etc…. that you can trust to handle your business affairs. And you will have to be a harsh task master on yourself to keep churning out material and drumming up new business. Don’t expect to succeed overnight. It’s going to take a while.Get Answers Button

Q: Since you’re a Tv producer cant you view my Tv show script and break it into the Tv biz? I mean I’m just carious.”

No, I can’t.

Q: I’m 42 years old and live in NYC.  Because of some personal issues I dealt with in my twenties and thirties, I’m a late bloomer. […] I would appreciate it if you could give me some straight talk about whether or not I am too old to consider a career in TV writing. I work as a copywriter, and I understand the next step is to work hard on specs for my portfolio. However, if the opportunity has passed because of my age, I would rather let go and focus on something else.”

Age has nothing to do with it if you write an incredible, kick-ass spec screenplay and episodic sample. But I would be deceiving you if I said ageism isn’t a issue in TV. The networks and studios do favor the young, so if you’re good, but not great, your age will knock you out of the running. But if the development execs love your scripts, they will look past a few gray hairs.